(a) The highest bidder for each Lot shall subject to conditions hereafter stated, be the purchaser thereof and in the event of any dispute arising out of or relating to any bid, the lot in respect of which the dispute arises, shall be put up for sale again immediately at the last undisputed bidding.

(b) The bids made by the bidders shall be irrevocable. The highest bid if accepted is normally accepted on the spot. If it is not accepted on the spot but is reserved for consideration by the Railway Administration, the highest bidder shall then keep his bid open for acceptance by the Railway Administration for a period of thirty days excluding the date of Auction. The Railway Administration reserves the right to reject without assigning any reason thereof any bid before its acceptance.

(c) The Railway Administration shall be entitled to withdraw any Lot before or during the Auction Sale or refuse to accept the bid made by any bidder without assigning any reason thereof.

(d) Any person bidding in the Auction shall be deemed to be aware of the Terms and Conditions of the Auction Sale, as also the location and condition of the material being sold and shall be deemed to have agreed to such terms and conditions.

(e) The highest bidder shall, on the fall of the hammer give his name and correct address to the depot Officer/Auction conducting Officer and pay to the President of India (herein after referred to as the Railway Administration ) the stipulated % of the bid money as earnest money. The earnest money payable by the purchaser on the fall of hammer may be paid in the form of deposit at call receipts/ Demand Drafts/ Pay Order drawn in favour of the Chief Cashier, Central Railway, Mumbai or in cash. As it will not be possible for the successful bidders to obtain the deposit at Call Receipts/ Demand Drafts/ Pay Orders in advance for the exact amount that may become payable on the fall of hammer, the purchaser should arrange payment partly in the form of Deposit at Call receipts/ Demand Drafts/ Pay Order and balance in the form of cash.

(a) The amount so deposited after acceptance of the bid on the spot shall remain with the Railway Administration as Earnest Money till full payment of the balance bid money as stipulated in Clause 4(a) has been made whereafter it will be retained and adjusted as part of the total bid money.

(b) Where however, the highest bid is not accepted on the spot but is reserved for consideration of the Railway Administration vide Clause1(b) above, the Earnest Money shall be forfeited if the bidder unilaterally withdraw amends impairs or derogates from his bid in any respect within the period of validity of the bid. If the bid reserved for consideration is finally accepted by the Railway Administration, the Earnest Money will be retained and adjusted as part of the bid money, if the bid is not finally accepted by the Railway Administration, the Earnest money deposit made by the bidder shall be returned to him. No interest shall be payable on such refunds.

(c) The property in the goods or material sold shall not be deemed to have been passed to the successful bidder until and unless the balance of the bid money after adjusting the Earnest Money Deposit has been paid to the Railway Administration and the concerned Depot Officer has issued the Delivery Order in favour of the successful bidder.

If the purchaser makes defaults in complying with any of the condition aforesaid, then the lot or lots in respect of which such defaults is made may, be immediately put up again for sale and in such an event if a lower price is offered and accepted for the said lot, then the difference in price thereof together with all expenses occasioned by such resale shall be debited due by the purchaser in default to the Railway Administration provided further that the purchaser in default shall not be entitled to claim any profit which may arise from such resale. In the alternative the Railway Administration will be entitled, to due the purchaser in default for the price of said lot and the purchaser shall have no right to claim that the said lot must be sold again and the difference between the offer made by him and resale price of the lot alone be recovered from him.

(a) The balance of the money shall be paid by the purchaser to the Railway Administration within 10 days of the sale (including the date of the Auction sale) or of the date of intimation to him that the railway Administration has accepted the bid, for bid value upto and inclusive Rs.1 Lakh and 20 days for bid value exceeding Rs. 1 Lakh or otherwise as announced at the Auction. The free delivery Period announced at the time of auction will be reckoned from the date of issue of such receipts for the balance payment provided such payments are made within the stipulated date of payment in the case of balance payment provided such payments are made within the stipulated date of payment. In the case of balance payment not made by the stipulated date of payment as announced at the time of auction as mentioned in the auction Catalogue, delivery will be reckoned from the due date of payment and not from the date of issue of Cash receipts provided that the Depot Officer or any other officer nominated by the Railway Administration may, in exceptional circumstances and at the request of the purchaser, grant an extension of the period stipulated above for payment of the balance of the bid money.

The decision of the Depot officer or the other officer nominated by the Railway administration, in this regard shall be final. The purchaser, in the event of getting extension of the period for the deposit of the balance bid money shall have to pay interest on such amount at the rate of 15% per annum from due date of payment to actual date of payment (both days inclusive)

The payment shall be made in Cash Office of the Railway Administration and not a Railway station. Payment may be made in the form of cash/ Demand Draft /deposit at call Receipt/Pay order issued by the State bank of India or any of the Nationalised Banks and drawn in favour of the Chief Cashier, Central Railway, Mumbai and remitted to the Cash Officer either in the Divisional Cash Officer at Jhansi or the cash Officer at Mumbai in the interest of the speedy clearance, the purchaser should make these instruments on Mumbai branch of the concerned Bank.

The goods sold may be removed from the premises only on production of the said receipt and a delivery order from Depot Officer to such officer of the Railway Administration as may be incharge of the material.

(b) If the Purchaser fails to pay the said balance of the price in the manner and within the period originally stipulated in clause 4 (a) or as extended by the Depot Officer in terms of provision to Clause 4 (a) the earnest money paid by him shall stand forfeited to the Railway Administration. The lot or lots in respect of which forfeiture has been made, shall be deemed to have been abandoned by the purchaser to all intents and purposes and may be re-auctioned at the discretion of the Railway Administration at any subsequent sale without reference to the purchaser concerned and without incurring any liability whatsoever in relation thereto.

No delivery of goods of materials sold will be given on Sundays, Gazetted holidays and other holidays observed by the Depots. The delivery of the goods or material may be effected from the depot concerned only during its normal working hours in order to complete the delivery within the working hours all loading must cease half an hour before the normal closing time of the depot. The decision of the Railway Administration with regard to the working hour of any depot shall be final and binding on the purchaser.

Goods or material sold shall be removed by the purchaser within the free delivery period as below:

Misc. scrap: 50 days from the due date of payment or actual date of payment whichever is earlier as per condition No. 4 (a) irrespective of quantity

Ferrous and other scrap:

For quantities exceeding 100 MT: 65 days from the due date of payment or actual date of payment whichever is earlier as per conditions 4 (a) for ferrous, Rolling and P-way scrap.

For quantities upto and including 100 MT: 50 days from the due date of payment or actual date of payment which is earlier as per condition No. 4 (a) for ferrous & non ferrous scrap

OR

(iii) Within the delivery period as announced by Railway Administration for any particular lot at the time of auction sales and recorded in the bid sheet.

Goods or material not removed within the said period shall remain at the purchaser?s risk until removal and the Railway administration will be entitled to charge the purchaser ground rent as stated in para 10 below for the godown or store room in which the goods or materials are stored which may be recovered by the Railway Administration from the Purchaser before removal of the said goods or material and in the event of default in payment thereof, the Railway Administration at its discretion will be entitled to order the resale of the said goods or materials and forfeit the bid money or the price, if any paid by the purchaser.

Provided that the Railway Administration does not guarantee to deliver the goods or materials sold within any specified time and if due to any default in this respect on the part of the Railway Administration, the purchaser is unable to remove the goods or material within the specified period, then the Railway Administration shall extend the period thereof and in such an event if the goods or the materials are removed by the purchaser within the extended period, then he will not be liable to pay any ground rent or any other charge and the Railway Administration will not be entitled to order the sale of the goods or materials or forfeiture of the bid money or the price if any paid by the purchaser.

Goods in each lot are sold on "as is where is basis" and no guarantee is given as regards size, quality, weight, description and the like. The description of any lot in the particulars of sale has been given by way of identification thereof only and the use of such description shall not constitute the sale thereof to be sale by description and no sale shall be invalid by reason or any defect or fault in any lot or on account of any lot being incorrectly described and more on account of the weight or approximate weight of any lot sold by weight being incorrectly stated and the purchaser shall not be entitled to claim any damage or compensation whatsoever on account of such fault, error or description, weight or the like.

Delivery of lots bought by any one purchaser shall be taken at a time or one lot at a time and removal of all lots sold to him completed within the period specified in clause 6 hereof.

If two or more things or materials put up for sale in one lot are sold under one bidding then in default on the part of the purchaser in taking delivery of the entire lot within the period specified in clause No. 6 hereof, the purchasers shall be liable to pay ground rent on the basis or the room occupied by each thing or material not taken delivery of within the said period.

If the goods or materials are not removed within the period herein above specified, the Railway Administration shall be entitled to recover from the purchaser store charge in respect of such lots at the rate of half percent per day or part of day subject to a minimum of Rs. 10/- per day of the value of the goods comprising such lot for the period between (a) the expiry of free time for taking delivery. (b) the date of final removal, such storage charges or any other charges as may have been incurred by the Railway Administration shall be recovered from the purchaser before the goods or materials are allowed to be removed provided further if the purchaser is making slow progress with his contract or if the Railway Administration may consider that he will fail to fulfil his contract within the time specified in the conditions of sale, it will be lawful for the Central Railway Administration to cancel the whole contract or such portion thereof as may not have been completed and the Railway Administration shall be at liberty to dispose off the goods in any manner at the risk and expense of the purchaser.

In the event of the purchaser?s failing to pay the whole of purchase price by him in respect of any lot or lots at the time and manner aforesaid, the Central Railway Administration without prejudice to its other rights and remedies shall be entitled at any time after such default shall have made to forfeit the Earnest money and re-sale the goods by Public Auction or any private treaty and to recover the deficiency if any from such re-sale together with the expenses of such resale and storage charge due from the original purchaser calculated at the rate and in the manner aforesaid the storage period being reckoned from the expiry of the free time for taking delivery to the date of resale as debt due from the purchaser in default upon the first sale. The buyer shall not be entitled to any profit which may occur on the re-sale.

No picking, sorting, cutting or breaking up of goods or materials sold will be permitted except in certain special circumstances where sanction for such permission has been accorded and specified in writing at the time of the Auction by the Controller of Stores or his representative, such permission will only be accorded on the distinct understanding that the delivery order or such lot or lots must be obtained for the full quantity before picking, sorting, cutting or breaking up commences.

(a) When the material is handled and loaded by the Railway Administration, loading charges will be recovered at the rate fixed by the Railway Administration from time to time the rates current on the date of delivery will be applicable. The current rates of loading charges are as under:

The above charges are subject to a minimum of Rs. 5/- and will be recovered from the purchaser in advance. Whenever a crane is used for loading, separate Crane charges at rates as enforce on the date of delivery will be recovered from the purchaser in addition to the loading charges.

Sr No

Description of Crane

Lifting Capacity of the

Crane in Tonnes

Charges per hour or

part of an hour

1.

Fixed hand crane

Of all lifting capacity

Rs. 26.00

2.

Travelling hand

1 to 10

Rs. 113.00

11 to 20

Rs. 167.00

3.

Fixed or travelling steam, Petrol/Electrical/Diesel

1 to 10

Rs. 167.00

11 to 20

Rs. 223.00

21 to 30

Rs. 264.00

31 to 100

Rs. 279.00

101 and over

Rs. 486.00

When a crane is requisitioned for the purchaser and is brought from another station but not utilised for reasons attributed to purchaser, the purchaser for whom it is requisitioned will be required to pay the Haulage charges in accordance with the provisions in the Railway Goods Tariff and also minimum Crane charges for the hour as applicable to the type and capacity of crane as made available.

(b) If the capacity or condition of the Wagon Weighment Bridge at the Stores Depot does not enable it to be used for the purpose afforesaid or if there be no Wagon Weighment Bridge at all, then loaded wagons shall be weighed by an office of the Commercial Department of the Central Railway and the weight then obtained shall be considered as the recorded official weight of the content of the wagon and the purchaser shall accept the weight thus recorded as final and conclusive and the Central Railway Administration shall not be liable for any claim for short weight which may thereafter be made.

14. In the case of lots loaded into Railway wagons, the wagon will be weighed both before and after loading and weighments witnessed jointly by representatives of the Stores and Accounts Departments of Railway Administration as well as representatives of purchaser. No complaints as regards the authenticity of weighment carried out jointly by the said representatives will be entertained.

Purchasers may witness all weighments and in the event of failure or negligence to do so shall abide by the weighments carried out by the representatives of the Depot officer concerned and the Chief Accounts Officer. Weighments made else where will not be considered. While giving delivery of ferrous scrap only empty wagon need not be weighed and marked tare weight of the wagon should be taken as weight of empty wagon.

15. In the case of consignment despatches by Railway, the responsibility of the Stores Department ceases immediately the lot has been loaded and weighed on the Weigh Bridge. The Stores will be carried at the risk of the purchaser and no claims against the Railway Administration will be entertained for due shortage in weight which may be discovered after the materials have left the stores yard. The despatch of the consignments must be undertaken by the purchaser but the representative of the Depot Officer will be available in this connection, if required purchaser shall provide their own bags, cases or other receptacles for the removal of the scrap.

16. If the purchaser desires to send the goods by Rail, freight charges over the Railway will be levied at Public Tariff Rates.

17. All quantities of the lots whether by weight, measurement or number mentioned in the Auction Catalogue and/or announced at the time of auction are only approximate, only that quantity out of a lot for which bid has been accepted should be taken delivery on payment as per weight, measurement or count as the case may be. If the actual quantity in that lot exceed the advertised and/or announce quantity, the purchaser may at the option of the Railway Administration take delivery of the said excess quantity upto 10% of the quantity advertised and or announced on payment at the same rate which the bid has been accepted, and any further excess quantity under competent authority?s sanction. Should the quantity in a lot on actual weight measurement or count as the case may be worked out less than the advertised and /or announced quantity, the Railway Administration shall not under any circumstances be liable to make good the said deficiency of the goods but the purchaser shall be entitled to get from the Railway Administration the proportionate refund to cover the cost of the said deficiency of the goods, provided that in the event of the lots described in the Auction Catalogue are sold on the spot as lots in the principle of ?AS IS WHERE IS? and a clear indication of the same is given at the time of auction, the Railway Administration will not be responsible for any shortage or to make refund for any difference in quantity.

18. All arrangements for wagons if required shall be made directly by the purchaser concerned and the Stores Department will not be responsible for non supply of wagons.

19. The goods advertised to be auctioned may be inspected between working hours of Stock holders.

20. The lot sold to two or more purchasers cannot be dispatched in the same wagon.

21 Controller of Stores acting for and on behalf of the President of India and the Depot Officer/Officer supervising the auction for and on behalf of President of India shall be entitled and have the right to withdraw upto the actual time of sale, any lot or items that have been advertised for sale without assigning any reason and also refuse to accept any bid which he may consider unsatisfactory at the time.

22. Any special conditions which may be announced at the time of auction to cover any special cases will form part of these conditions.

23. No interest will be paid to the purchaser for the amounts paid or deposited by him and subsequently found refundable to the purchaser under any of the conditions herein mentioned.

24. In the event of any questions, dispute or difference arising under these conditions or in connection with this contract (except as to any matters, decision of which is specially provided for by these conditions) the same shall be referred to the sole arbitration or an arbitrator appointed by the General Manager of the Administration. It will be no objection that Arbitrator is a Government Servant, and that in the course of his duties as a Government Servant, he has expressed view on all or any of the matters on dispute or difference in the event of such an Arbitrator to whom the matter is originally referred being transferred or vacating his office by resignation or otherwise or becoming unable to act for any reason the General Manager as aforesaid at the time of such transfer, vacation of office or inability to act shall appoint another person to act as arbitrator in accordance with the terms of his agreement. Such person shall be entitled to proceed from the stage at which it was left by his predecessor. The award of arbitrator shall be final and binding on the parties of this agreement.

It is further a term of this contract that no person other than the person appointed by the General Manager of the Administration as aforesaid should act as Arbitrator and that for any reason that is not possible, the matter is not to be referred to the Arbitration at all.

The arbitrator may from time to time with the consent of all parties to the contract enlarge the time for making the award.

The venue of the Arbitration shall be as decided by the Arbitrator subject as aforesaid. The Indian Arbitration & Conciliation Act 1996 and the rules thereunder any statutory modifications thereof shall apply to the Arbitration proceedings in this case.

A refundable entry fee of Rs. 5000/- per participating firm will be charged in the form of bank draft which should be submitted by each participant in the auction in favour of Chief cashier, C. Rly , CST, Mumbai.

A participating firm in the auction will be represented by only one bidder.

If the participating bidder claims to be representative of more than one firm, then he should deposit an entry fee @ Rs. 5000/- per firm being represented by him and he should indicate the name of the firms, he is representing, in the register at the Gate.

Total amount of Entry Fee/Fees paid by the bidder is/are liable to be forfeited in the event of any untoward conduct on the part of the bidder in contravention of the governing auction proceedings and General Conditions of the Sale applicable and the decision of the Auction conducting Officer will be final in this regard.

If bidder desires, one person can be allowed to accompany him subject to payment of entry fee equal to the bidder. The entry fee paid is liable to be forfeited in the event of untoward conduct on the part of the person and decision of the Auction conducting Officer will be final in this regard.

Rules regarding refund and forfeiture of entry fee applicable to the bidders will also apply to the entry fee paid by the accompanying person. The accompanying person is, however, not permitted to bid in the auction in place of bidder.

Only those bidders who have produced entry fee and necessary documents of ITCC and S.T only will be allowed to take part in the auction

The entry fee will be refundable to the participants immediately after the auction is over.

Any left over item/lots or those rejected in the auction can be included and sold in any other stores depots in any of the subsequent auctions at the discretion of the Railway Administration.

The Controller of Stores or his representative reserves the right to depart from the programme of auction, if necessary, without assigning any reason.

The entry of participants to the auction will be permitted with requisite entry fee of Rs. 5000/- each and participants will be handed over a token while making the entry of such participation. The participant will have to deposit attested copy of their valid Sales Tax Certificate and ITCC (Valid and current) in order to confirm that they are registered dealers in scrap materials. Either proprietor/partner or his duly authorised representative only will be permitted to attend the auction.

In case some purchasers are participating in the auction for the first time, they will have to submit an affidavit drawn on stamp paper of Rs. 100/- or as applicable at the time of auction duly authenticated before Metropolitan Magistrate/Notary certifying that they intend to purchase Railway?s scrap etc. and he is attending auction for the first time and neither have necessary valid Income tax Clearance Certificate nor valid Sales Tax Registration Certificate and guarantees to produce the same before he take the delivery of material so purchased by him, if the value of the lot purchased exceeds Rs. 30,000/-.

Such purchasers, who are not in a position to submit the required documents as above, will be asked to leave the auction premises and will not be allowed to take part in proceedings.

This condition will not be applicable to the person accompanying the bidder as per special condition No (e) and (f) of Item No. 1 above.

Purchaser must satisfy themselves on all points with regard to quality, quantity, nature of stores etc., before bidding as no complaint of any kind shall be entertained after the lots are knocked down.

Stores can be viewed on 4 working days before the date of auction on application made to the Depot Officer concerned or on production of auction catalogue.

The auction sale is subject to the Central Railway General & Special conditions of Auction sale which will be announced/ circulated at the time of auction sale.

EARNEST MONEY, as below will be payable on the fall of hammer

I) 100% of the bid money in cash for the sale value upto and including Rs. 10,000/-

II) 25% of the bid money in cash for sale value from Rs. 10,000/- to Rs. 1, 00,000/-

subject to a minimum of Rs. 10,000/-

III) 10% of the bid money in cash for sale value exceeding Rs 1,00,000/- subject to a minimum of Rs. 25,000/-

The earnest money payable by the purchaser on the fall of hammer may be paid in the form of deposit at call receipts/ Demand Drafts/ Pay Order drawn in favour of the Chief Cashier, Central Railway, Mumbai or in cash. As it will not be possible for the successful bidders to obtain the deposit at Call Receipts/ Demand Drafts/ Pay Orders in advance for the exact amount that may become payable on the fall of hammer, the purchaser should arrange payment partly in rounded amounts in the form of Deposit at Call receipts/ Demand Drafts/ Pay Order and remaining difference in cash. When the payment is made by instruments as aforesaid, these will be accepted ?subject to realisation?, failing which sale is liable to be cancelled forfeiting the money paid by the bidder at the discretion of the Controller of Stores.

Cheques will not be accepted under any circumstances.

The balance of the purchase price shall be paid by the purchaser within the specified period or earlier failing which the sale will be liable to be cancelled and earnest money forfeited at the discretion of the Controller of Stores. The payment of balance amount is to be made to the Chief Cashier, Central Railway, Mumbai, CST or Divisional Cashier at Jhansi on production of earnest money cash receipt issued by the nominated cashier/agency at site. The receipt thus obtained is to be sent to the concerned depot officer.

When payment of balance amount is made through Demand draft, date of receipt of demand draft by the Chief cashier or any other authority empowered to receive payment will be considered as date of payment.

The payment of balance money in installment will be allowed as under:

For balance sale value above Rs. 2 lakhs

(With interest as per rule) 2 installments

For balance sale value above Rs. 5 lakhs

(With interest as per rule) 3 installments

If the last date of payment falls on Sunday or a holiday when the cash office is closed, the next working day will be due date of payment. However, in the event of purchaser?s failure to make payment on next working day, the interest will be charged from original due date and not from next working day. The free delivery period will also be reckoned from due date of payment.

Registered dealers who are exempted from payment of State Sales Tax should produce receipt of their Registration certificate of S.T of concerned State Government and submit necessary form duly completed in all respect to the Controller of Stores or his representatives before obtaining delivery order from the concerned depot officer. This will be signed by the partner of the firm or authorised person.

Sales tax will be charged as per rules applicable in the State in which the material is lying.

IT SHALL BE SOLE RESPONSIBILITY OF THE PURCHASER TO FURNISH THE CORRECT POSTAL ADDRESS TO THE DEPOT OFFICER AND OBTAIN DELIVERY ORDER IN TIME AFTER PAYING THE BALANCE AMOUNT.

Delivery order shall be collected by the purchaser in whose name the bid has been accepted or his authorized representative from the respective depot.

Any other terms and conditions which will be announced at the time of auction sale shall be binding on the purchaser.

If any purchaser is unable to take delivery himself and desire to take delivery of lots purchased by him through a representative, he will be required to submit to the stock holder or Depot Officer giving delivery of the lot, a power of attorney duly executed by the purchaser on non judicial stamp paper in favour of the representative and authenticated by a Notary Public of Law Court or a Judge or Magistrate. Stamp of correct denomination as per correct rate prevailing in the respective state shall be used.

The proforrma for this power of attorney is as under :

I (Name and address of bidder) being the highest bidder in auction sale of Lot No______.held on_____.at______..and having paid the full amount of Rs. ______..towards the cost of material against the said lot hereby authorise, nominate and appoint Shri/Ms. ______. (Name and address) to receive all the things, goods and articles from the Controller of Stores/Central Railway or his representative purchased by me in auction sale of lot No__________ held on_______.and to pass receipt thereof for & on behalf and I hereby agree that all acts, deeds and things done by my said attorney shall be construed as acts, deeds and things done, by me and I undertake to rectify and confirm all the whatsoever that my said attorney shall do or cause to be done for me by virtue of the power hereby given. In witness hereof, I have signed this deed on this____.day of 200__.

SIGNATURE

Wherever the lots are combined and sold their delivery will be given lot-wise.

For the Lots weighing upto 5 M.T, the purchaser will have to take the delivery at one time (the delivery will not be given in parts).

Wherever lots are sold subject to entire quantity in the lot being removed by the purchaser or where quantities indicated are subjected to a maximum limit on delivery of 90% of material the balance quantity in the lot will be assessed and based on such assessment the purchaser will have to deposit the cost of excess quantity within two days from the date of intimation before delivery of the balance quantity is given.

Restricted items, if any, shall be removed/detached by the purchaser at his cost and handed over to Railway administration

Whenever the quantities are amended on the lower side at the time of auction at the request of the bidders and if in the course of delivery, Railway assessment is proved to be correct, full interest charges in respect of the balance quantity from the due date of payment with reference to the date of auction will be recovered from the purchaser before actually delivering the final quantity in the lot.

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